Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps she plans to take with probate services to find a solution for cases where there is a chain of representation but the name of the applicant will not match that on the Grant of Probate.

A chain of representation arises where all the executors of an estate have died before completing the administration of that estate. Under section 7(1) of the Administration of Estates Act 1925 the executor for deceased’s executor becomes the executor for the original incomplete estate as well as the estate they were appointed as executor.

The chain of representation is broken if an executor in the chain has died intestate. In those circumstances a grant of administration de bonis non must be obtained to administer the estate.

HM Courts and Tribunal Service’s probate service will always provide assistance and support in all cases where the chain of representation applies, and where the name of an applicant does not match that on a Grant of Probate.